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I have a question on tips. Have been written up for this and…

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I have a question on tips

Lawyer's Assistant: Have you documented this or discussed it with HR?

Have been written up for this and may loose my job for it.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time, at will, for am Indian casino, but I work for a contractor within the casino.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am a 12 year employee and I am receiving complaints from two new employees over tip policy that the employer changed without notification. Also the two new employees are black and being given special considerations because they are sensitive.

Submitted: 1 month ago.Category: Employment Law
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Customer reply replied 1 month ago
This question is about a new person that was hired as a bartender breaker her job is to go to each bar to watch the bar when the bartender goes to break.
At this bar we have to open a TAB for every drink we sell. Most tabs are closed after the drink is purchased either for cash or charge. The problem here is with charge tips. There are groups on a daily basis that open a tab for up to 8 hours for their group and this is where the problem occurs.
In the past 7 years the policy has been to split the charge tips at the nd of the night between the bartenders assigned to the bar and the beakers keep the cash tips when they are covering the bar. The problem arises when they don't know what to do with the breaker between brakes. They stick the breaker at random bars and when they leave they close out the tabs they opened while they are at the bar, but they do not split the charge tips and instead pay the bartender whatever they feel the want to give them.
I other words they may be at a bar for an hour before the bartender comes on shift and do not close there tab until they leave the bar. This time period could be for an hour or for 8 hours and an open tab could be for one to one hundred people and the tip on that charge tab could be as much as 700 dollars.
Now the assigned bartender could be servicing this tab for as much as eight hours and the breaker is there as a helper, but when the breaker leaves they close the tab and don't split the charge tips (due to undisclosed policy change) then as an example: the charge tips are 4oo dollars and instead of the old way of splitting the tips the with all the bartenders serving the tab, the one who opened the tab now just gives the other bartenders who serviced the tab whatever they want give.This may be just $1 if they want and on say a group that pays a $400 tip this would usually be around $10 and the breaker takes the rest for very little work done on the tab.
This is totally unfair,my question is, is it ok to not ompensate the asighned bartender?
The other Question is it alowed for the management to write up the bartender for having a disagreement with the breaker over the new polocy that was only explained to the breaker and the experianced bartender knew nothing about? The experienced bartender is also a trainer, but was not informed over the policy. The bartender is now going to be fired if the breaker feels she is not being nice to the breaker.
The breaker is being concidered to be in the right only because she is Black and sensative to everything a non black person does.
Answered in 3 days by:
3/14/2018
Employment Lawyer: Michelle-mod, Moderator replied 1 month ago
Michelle-mod
Michelle-mod, Moderator
Category: Employment Law
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Customer reply replied 1 month ago
we would like to continue. There is also another tip issue where the employer is taking employee tips and keeping them.
Employment Lawyer: DanLegal, Lawyer replied 1 month ago
DanLegal
DanLegal, Lawyer
Category: Employment Law
Satisfied Customers: 321
Experience: Partner at McCollum Hodgkinson, P.C.
Verified

Hello my name is ***** ***** I am happy to help you today - is there an employee handbook that speaks to tips or issues of compensation? Is everyone an hourly employee?

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Customer reply replied 1 month ago
There is a employee manual but it is like pulling teeth to get one. I have been trying to get a look at it myself. It seems they can change the policy on the fly! The bartenders are tipped employees, but they also have a base salary.
Besides this issue, there is another tip issue where policy was changed about two years ago where during banquets that are held in the casino bars. When this occurs the bartenders works(as an example) a two hour banquet they would get a charge tip , or gratuity when the tab is paid for the banquet. These tips vary, but are usually 300 to 700 dollars and was split between the bartenders working the even. well all that changed about two years ago. they decided to instead give the bartenders 4 dollars more on their base pay and not give the bartenders any tips from the tab. Basically what they have done for a 2 hour banquet is give the bartenders 8 dollars as compensation for not getting the 300 to 700 tip that they earned. Instead it goes to the managers. And yes the policy manual states no managers are allowed to receive tips.
I will try to het my hands on a policy manual.
Employment Lawyer: DanLegal, Lawyer replied 1 month ago

Okay - thank you for the information - what specifically can I help you with?

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